Kirsty Dobbs

Kirsty has a keen interest in the interface between law and science, particularly as it relates to intellectual property. Kirsty has assisted a client to develop a patent strategy for their business and has provided advice for clients on actual and anticipated patent litigation (both infringement and revocation proceedings). She has also provided advice on the complex issue of contributory infringement of Swiss claims. Prior to joining Bell Gully, Kirsty participated in the NZ Law Foundation funded University of Otago Human Genome Project and is a contributing author to the Project's report, Genes, Society and the Future.

In 2012, Kirsty was the recipient of the prestigious UK Pegasus Scholarship which gave her a unique insight into strategies for resolving complex, and often multi jurisdictional, litigation.

Commercial and contractual disputes
Acting for and advising various clients on commercial disputes, including claims in contract, tort and under the Fair Trading Act. Advice on contractual disputes includes analysing potential breaches, available remedies (including scope of damages), indemnity, set-off and limitation issues.

Construction contract disputes
Acted for a listed company on a construction dispute involving a power generating facility where the contractor lodged claims for extensions of time, time-related costs and damages. Advising the same company on issues calling on the Performance Security and Defects Liability bonds.

Acted for an NZX listed company pursuing arbitral claims against a party under a contract for a multimillion dollar development north of Auckland.

Leaky building claims
Acted for a building guarantee company and other parties on numerous construction and guarantee disputes, including leaky building claims both in the Weathertight Homes Tribunal and High Court.

Judicial review proceedings
Acted for Anadarko in successfully opposing a judicial review by Greenpeace challenging the impact assessment on offshore drilling under the Exclusive Economic Zone and Continental Shelf Act 2012, and acted for PHARMAC in judicial reviews challenging its pharmaceutical funding decisions, including the 2008 proceedings challenging the funding decision regarding Herceptin.

Singapore Airlines Cargo
Acted for Singapore Airlines Cargo in proceedings brought by the Commerce Commission under the Commerce Act against a number of cargo airlines alleging price fixing.

Breach of confidence and misuse of confidential information
Successfully defended a major bank in proceedings brought by a technology developer alleging breach of confidence in respect of mobile banking technology.

Policy work
Prepared submissions for a Crown entity on a Bill being considered by the Commerce Select Committee and advised them on ways of being more proactive from a policy perspective.

Advised a Crown entity on the proposed text and the implications of the US accession to the Trans-Pacific Strategic Economic Partnership Agreement.

Consumer Law
Provided legal and strategic advice on a complaint to the Advertising Standards Authority, advice under the Fair Trading Act, including the new Unfair Contract Term provisions and the Unsolicited Electronic Messages Act.